Cole v. Butler et al

Filing 42

ORDER granting in part Plaintiff's motion for voluntary dismissal 41 . Plaintiff's claims against Defendant Mary Fletcher are dismissed without prejudice. The motion is denied in all other respects. Signed by Magistrate Judge Joe J. Volpe on 2/24/2016. (lej)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RONNIE WAYNE COLE, ADC # 82924 v. PLAINTIFF 2:15CV00170-JM-JJV QUIBLE BUTLER, Nurse, East Arkansas Regional Unit; et al. DEFENDANTS ORDER Pending before the Court is Plaintiff’s Motion for Voluntary Dismissal (“Motion”) (Doc. No. 41). Pursuant to his Motion, he asks that all Defendants be dismissed without prejudice and dismissal of this action not count as a ‘strike’ within the meaning of the Prison Litigation Reform Act. (Id.) Only Defendant Mary Fletcher remains, however. Defendant Chew was dismissed on screening (Doc. No. 6), Defendants Quible Butler, Monica Dunn, and Melissa Mansfield were dismissed due to Plaintiff’s failure to exhaust administrative remedies against them (Doc. No. 34), and Defendant Crowley was dismissed pursuant to Federal Rule of Civil Procedure 4(m) (Doc. No. 38). Accordingly, Plaintiff’s Motion will be granted only with respect to his remaining claims against Defendant Fletcher. No strike is warranted on this dismissal. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Motion for Voluntary Dismissal (Doc. No. 41) is GRANTED in part. a. Plaintiff’s claims against Defendant Mary Fletcher are DISMISSED without b. The Motion is denied in all other respects. prejudice. 2. The Clerk of Court shall close this case. 1 DATED this 24th day of February, 2016. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?